Schumer: Few federal safeguards in place to protect upstate senior citizens

Friday

Feb 29, 2008 at 12:01 AMFeb 29, 2008 at 2:15 PM

U.S. Senator Charles E. Schumer Wednesday revealed that despite a growing number of senior citizens in upstate New York who are victimized by financial scams, physical abuse and neglect, there is currently an absence of safeguards in place to protect seniors.

Rob Juteau

U.S. Senator Charles E. Schumer Wednesday revealed that despite a growing number of senior citizens in upstate New York who are victimized by financial scams, physical abuse and neglect, there is currently an absence of safeguards in place to protect seniors.

Fueled by the baby boomer generation growing older, upstate New York in 2007 was home to at least 8,693 reported cases of elder abuse. Ninety-three of those cases were reported in Herkimer County, with Fulton and Montgomery counties reporting 99 and 43 cases, respectively.

Schumer, armed with data provided by the state Office of Children and Family Services, shined light on the issue of senior citizens increasingly suffering financial exploitation that can jeopardize life savings and physical abuse and neglect that can endanger their physical welfare.

The senator called for swift passage of the Elder Justice Act (S. 1070), which he said gives authorities at the state and community level the tools and funding they need to fight elder abuse. The bill would establish the resources to prevent, detect, treat and prosecute elder abuse.

“The scourge of elder abuse has been swept under the rug for far too long, and with the baby boomer generation in upstate New York growing older, we’re going to continue to see an unfortunate spike in the number of senior citizens subjected to financial or physical abuse,” said Schumer, D-NY, during a conference call with reporters. “Senior citizens across upstate shouldn’t fear being scammed out of their savings or having their health care jeopardized by negligent care takers. The Elder Justice Act shines a much needed light on elder abuse across upstate and gives local law enforcement officials and communities the resources that they need to prevent, detect and prosecute these crimes to the fullest.”

Elder abuse is defined as an intentional or negligent act by a caregiver, or any other person, that causes harm or serious risk to a vulnerable adult. It can include instances where a senior citizen is threatened by an individual through physical pain or injury or is deprived of a basic need. Physical negligence includes refusal or failure by those responsible to provide food, shelter, health care or protection for a vulnerable elder.

Elder abuse also includes emotional abuse, involving mental pain, anguish or distress through verbal or nonverbal acts, as well as financial exploitation. This includes illegal or improper use of an elder’s funds, property or assets. According to Lifespan, a Rochester-based elder abuse prevention organization, financial exploitation is a component in 30 to 60 percent of elder abuse cases nationwide.

“Despite the rise in elder abuse cases, support groups fear that many cases continue to be unreported and that the issue as a whole lacks the attention needed to appropriately combat it,” said Schumer. “It is estimated that approximately 80 percent of incidents go unreported, according to the National Elder Abuse Incident Study prepared for the U.S. Department of Health and Human Services.”

With 93 reported cases, and using the figure that approximately 80 percent of cases go unreported, Schumer said the possible number of elder abuse cases in Herkimer County is 465. Using the same figure, Fulton and Montgomery counties could have 495 and 215 cases, respectively.

The senator said that he is pushing for quick passage of the Elder Justice Act, of which he is a cosponsor, so that the federal government may provide the necessary support to state and community leaders who are fighting elder abuse with scarce resources and fragmented systems.

The Elder Justice Act would address the elder abuse problem on the societal and individual levels by:

•Elevating elder justice issues to national attention: The bill would establish within the Department of Health and Human Services programmatic, grant making, policy and technical assistance functions relating to elder justice, create of a public-private advisory board and a coordinating council to coordinate activities of all relevant federal agencies, states, communities and private and not-for-profit entities and provide a consistent funding stream and national coordination for Adult Protective Services.

•Increasing knowledge and supporting promising projects: Given the lack of research, the Elder Justice Act would enhance research, clinical practice, training and dissemination of information relating to elder justice. Priorities include jump starting intervention research, developing community strategies to make elders safer and enhancing multi-disciplinary efforts.

•Developing forensic capacity and increasing prosecution: Schumer said there is scant data to assist in the detection of elder abuse, neglect and exploitation. He said creating new forensic expertise (similar to that in child abuse) would promote detection and increase expertise. He also said that new penalties for failure to promptly report crimes in facilities and to provide notice of nursing home closings would enhance prosecutions.

•Increasing security, collaboration and consumer information in long-term care: Enhance long-term care staffing settings; improve prompt reporting of crimes in long-term care settings; enhance the long-term care ombudsman program; require a study on establishment of a national nurse aide abuse registry; require a report on findings of a criminal background check demonstration; implement new reporting of crimes in nursing homes on the official federal website; establish consumer information on nursing homes on the official federal website; establish a National Training Institute for Surveyors of nursing homes and create training to combat elder abuse, neglect and exploitation.

•Evaluations and accountability: The legislation requires evaluations to determine what works and assure that funds are properly spent.